De Ranko v. Lee

• Decision Date: 08 January 1918
• Docket Number: No. 14974.,14974.
• Citation: 200 S.W. 79
• Parties: DE RANKO v. LEE et al.
• Court: Missouri Court of Appeals

200 S.W. 79

DE RANKO v. LEE et al.

No. 14974.

St. Louis Court of Appeals. Missouri.

Argued and Submitted December 6, 1917.

Opinion Filed January 8, 1918.

Appeal from St. Louis Circuit Court; Leo S. Rassieur, Judge.

"Not to be officially published."

Action by Joseph D. De Ranko against Edward W. Lee and others. Judgment for defendants, and plaintiff appeals. Affirmed.

Maurice McKeag, of St. Louis, for appellant. Koenig & Koenig, of St. Louis, for respondents Charles A. Lee and C. Wm. Koenig.

REYNOLDS, P. J.

This is an action to obtain judgment against Edward W. Lee for the price and value of plastering and papering done to a house in which, at the time the work was done, that defendant was living but to which he had no title, and to charge the debt as a lien upon the interests of Charles A. Lee and C. William Koenig in the house and ground upon which it is situated, under the claim that Charles A. Lee and Koenig had permitted Edward W. Lee to hold himself out as owner and had concealed their title from plaintiff. No compliance with the provisions of our mechanic's lien law, section 8212, R. S. 1909, and following, is pretended, but it is sought to hold the interests of the owners on the ground that they "permitted" Edward W. Lee to hold himself out as owner at the time plaintiff furnished the materials and labor upon the building. Plaintiff commenced his action August 29th, 1914, and alleged that he did the work about September 1st, 1913, under a contract with Edward W. Lee. It appears by plaintiff's own statement that Charles A. Lee and C. William Koenig were the legal and equitable owners of the house and lot when he entered into the contract and did the work; that Koenig had executed a deed to the premises to Charles A. Lee, which was filed October 18th, 1912, on which date Charles A. Lee had executed a deed of trust in favor of Koenig, which it appears was not placed on record until October 29th, 1913. So there was no concealment of title of record beyond the time plaintiff could have commenced proceedings under the mechanic's lien law, if he was entitled to a lien under the statute, and the right to a mechanic's lien exists solely by virtue of the statute. Joplin Supply Co. v. West, 149 Mo. App. 78, 90, 130 S. W. 156. It is not enough to secure a mechanic's lien that the material be furnished for and actually go into a building; it must also be furnished to one who has a contract with the owner of the building or his agent. Revised...